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72 U. Colo. L. Rev. 415 (2001)
The Cancellation of Redskins as a Disparaging Trademark: Is Federal Trademark Law an Appropriate Solution for Words that Offend

handle is hein.journals/ucollr72 and id is 441 raw text is: THE CANCELLATION OF REDSKINS AS A DISPARAGING TRADEMARK: IS FEDERAL TRADEMARK LAW AN APPROPRIATE SOLUTION FOR WORDS THAT OFFEND? JUSTIN G. BLANKENSHIP INTRODUCTION Imagine flipping the remote control to your cable sports channel and hearing that the San Antonio Latinos were leading the New York Fighting Jews fourteen to seven at halftime.' Offended? How about attending a Chicago Blacks game and watching a halftime show where Caucasians paint their faces black and dance to rap or hip-hop music? What about a San Francisco Orientals team that calls its cheer- leaders the Geisha Girls? Or better yet, what if the mascot's name took on religious significance? How about watching the antics of a mascot for the Louisiana Lutherans, who chases the opposing team's mascot and tries to nail it to a cross? Of- fended now? If you are, you may have some inkling of under- standing as to why many American Indians2 are outraged to see symbols of their culture and religion appropriated as mas- cots and relegated to sideshow entertainment for sports fans. 1. These fictitious names were printed on pennants and photographed for a poster released by the Minnesota-based National Conference for Community Jus- tice. A photograph of the poster is available at Suzan Shown Harjo, Chief Offend- ers, at httpJ/www.nativepeoples.com/np-features/np-articles/1999_summer_ article/su99-mascots.html (last visited Oct. 30, 2000). Similar names were also used in the following articles: Ethan G. Zlotchew, Scandalous or Disparaging? It Should Make a Difference in Opposition and Cancellations Actions: Views on the Lanham Act's Section 2(a) Prohibitions Using the Example of Native American Symbolism in Athletics, 22 COLUM.-VLA J.L. & ARTS 217 (1998) (citing Richard Cohen, Redskin Reservations, WASH. POST MAGAZINE, Apr. 17, 1988, at W7 for inspiration); Kimberly A. Pace, The Washington Redskins Case and the Doctrine of Disparagement: How Politically Correct Must a Trademark Be?, 22 PEPP. L. REV. 7, (1994). 2. The author uses this term throughout the paper to refer to all Native American indigenous peoples with the understanding that it is the preferred term adopted by this group.

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